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Notes on the Government of Iceland’s Seventh and Eighth Report on the Implementation of the Convention on the Elimination of All Forms of Discrimination Against Women

Submitted by ICEHR and IWRAto CEDAW in advance of the Committee’s consideration of Iceland’s seventh and eighth periodic report

Icelandic Human Rights Centre
IcelandicWomen’s Rights Association

January 2016

Table of Contents

Introduction

Article 1 – Discrimination

Article 2 – Policy Measures

Legislation on Gender Equality

Centre for Gender Equality

Lack of a Government Gender Equality Action Plan

Gender Equality Representatives and Gender Mainstreaming

Gender Responsive Budgeting

Article 3 – Guarantee of Basic Human Rights and Fundamental Freedoms

Article 4 – Special Measures

Gender Quotas in Government Boards

Gender Quotas in Boards of Corporations

Article 5 – Structural Changes, Sex Role Stereotyping and Prejudice

Article 6 – Exploitation of and Trafficking in Women

Prostitution, Strip Clubs and Trafficking

Violence Against Women

Violence Against Women with Disabilities

Violence Against Immigrant Women

Lack of Services for Victims of Sexual and Domestic Violence Outside of Reykjavík and the Greater Metropolitan Area

Istanbul Convention

Article 7 – Political and Public Life

Article 8 – International Representation

Article 10 – Education

Article 11 – Employment

The Equal Pay Standard

Gender Equality Policies

Immigrant Women in the Labor Market

Parental Leave

Article 12 – Health

Article 13 – Economic and Social Benefits

Women in Film Making

Women in the Music Industry

Article 14 – Rural Women

Article 16 – Personal and Family Rights

Altruistic Surrogacy

Introduction

The government’s report provides an extensive overview of national legislative and administrative measures that are significant to the implementation of the Convention.

In recent years, several important steps have been taken by the Icelandic government to address discrimination against women. The most important step was the passing of a new Act on Equal Status and Equal Rights of Women and Men (Gender Equality Act)in 2008, providing a comprehensive update of legislation dealing with gender discrimination and increasing the powers of the government monitor of gender issues, the Centre for Gender Equality. In 2009, amendments to the General Penal Code made the purchase of sexual services punishable by law, as well as the advertising of prostitution and the profiting from the prostitution of others. The selling of a person’s own body remains decriminalized in Iceland. In 2010, amendments to the Restaurant, Guesthouse and Entertainment Acteffectively criminalized strip clubs, when it became illegal for employers to profit from the nudity of their employees. In 2010,amendments to the Public Limited Companies Act and the Private Limited Companies Actmandated a gender quota in the boards of companies with 50 or more employees. In 2011, new gender sensitive NationalCurricula were written for compulsory and secondary schools. In 2012, the government introduced the Equal Pay Standard, an ISO certification system which can confirm that women and men working for the same company are paid equal wages and enjoy equal terms of employment for the same jobs or jobs of equal value.In 2015, a new State Budget Act was passed mandating that the official government budget must be gender responsive.

This report lists the concerns of the Icelandic Human Rights Centre (IHECR) and the Icelandic Women’s Rights Association (IWRA) with the Icelandic government’s gender equality legislation, policy and funding, as well as our recommendations.

Some of our concerns and recommendations for Icelandic action in this report, not exhaustive, include:

  • ICEHR and IWRA would like to expresstheir concern that the government is in non-compliance with the Gender Equality Act. The last Government Equality Action Plan was valid until the end of 2014, and a new action plan has not been accepted, as stipulated by the Gender Equality Act.
  • ICEHR and IWRAexpress concern with lack of a current government action plan against domestic violence and sexual violence. The last valid government action plan against domestic and sexual violence expired at the end of 2011. We affirm that without an action plan spanning multiple years, efforts by the government to combat domestic and sexual violence lack both secure funding and focus.
  • ICEHR and IWRA recognize that in 2013, the government implemented an ambitious action plan against trafficking in human beings valid from 2013–2016. However, very little funding has been allotted to implementing this plan. We encourage the Icelandic government to adequately fund the action plan to fight human trafficking.
  • ICEHR and IWRAexpress concern with the lack of funding to Parental Leave Fund. One of the pillars of the equal status of women and men in Icelandic society is our parental leave, which is equally divided between the two parents. The length of paternity leave taken by men has dropped in recent years, since the Parental Leave Fund lowered its disbursements
  • ICEHR and IWRArecommend that the government continue its revision of the National Curricula of compulsory and secondary schools, and make gender studies a mandatory course at all levels.
  • ICEHR and IWRAencourage the Icelandic government to review the legislation on abortion. The current legislation from 1975 allows abortion, but contingent on approval by health workers. We encourage the Icelandic government to affirm women’s sexual rights by guaranteeing women’s right to choose, without their choice being contingent on an external permission.
  • ICEHR and IWRAexpress their concern that a bill has been submitted to the 2015–2016 parliamentary session, legalizing altruistic surrogacy. Very little in-depth and balanced discussion has taken place in Icelandic society on the ethical, legal, human rights and other implications of surrogacy. In view of this ICEHR and IWRA encourage the Icelandic government to not legalize surrogacy, whether or not for altruistic or commercial reasons.
  • ICEHR and IWRA are concerned that lack financial resources is negatively impacting the government’s work in guaranteeing the equal status of women and men. We would like to highlight the fact that the Centre for Gender Equality, the government institution charged with carrying out and monitoring compliance with the Gender Equality Act, has not been adequately financed in the past seven years.
  • Lack of financing has affected work on gender equality at all levels of government and all government institutions in the past seven years. We encourage the Icelandic government to fully commit to the equality of women and men, by adequately funding all equality initiatives and legally mandated projects within government institutions.

Article 1 –Discrimination

TheIcelandic Constitution states that “everyone shall be equal before the law and enjoy human rights irrespective of sex, religion, opinion, national origin, race, colour, property, birth or other status.” It also sets forth that “men and women shall enjoy equal rights in all respects.”

The Gender Equality Act contains a definition of both direct and indirect gender based discrimination, gender based violence, gender-based harassment, sexual harassment, gender mainstreaming and affirmative action. Overall, the Gender Equality Act is in compliance with CEDAW’s stipulations.

The Gender Equality Act prohibits discrimination on grounds of gender, but, except for the aforementioned stipulation in the Icelandic Constitution, Iceland has no comprehensive legislation on discrimination, only a few stipulations here and there in various acts.

The CEDAW Convention has still not been implemented into domestic law. One consequence of the CEDAW Convention not being incorporated into domestic law is that the general public, parliamentarians, and even those working for institutions and companies as gender specialists, remain uninformed about Iceland‘s international commitments to ensure gender equality, and public debate aboutgender equality legislation is affected.

  • ICEHR and IWRA urge the Icelandic government to incorporate the CEDAW Convention into national law, and to educate the Icelandic public onour international commitments as regardsgender equality.

Article 2 – Policy Measures

Legislation on Gender Equality

The Act on the Equal Status and Equal Rights of Women and Men, No. 10/2008 (Gender Equality Act), was passed by Parliament on 6 March 2008, replacing the Gender Equality Act, No. 96/2000. This legislation was a great improvement to the legislative framework on gender equality in Iceland and overall, the Gender Equality Act is in compliance with CEDAW’s stipulations.

However, ICEHR and IWRAreiterate our view that gender equality measures could be strengthened further. It has also become increasingly apparent that the institution tasked with administering the Gender Equality Act, the Centre for Gender Equality,is unable to adequately fulfillmany responsibilities, due to budgetary constraints, lack of staff, and inconvenient location.

Centre for Gender Equality

The Centre for Gender Equality is tasked with ensuring that public institutions, municipalities and private actors fulfill the Gender Equality Act. The Centre provides counselingon gender equality issues to the government and other actors, monitors gender equality in society, works on preventive measures and research, and acts as a watchdog, monitoring public and private actors to ensure that they comply with the Gender Equality Act.

Due to the increased responsibilities and powers of the Centre for Gender Equality following the enactment of the Equality Act in 2008, itsbudget and staff (from 6 to 8) were increased. However, following the financial collapse in September 2008, itsbudget was cut despite drastic inflation in costs and the increased responsibilities of the Centre.

The Centre for Gender Equality has been able to supplement its funding by outside grants, often awarded to specific projects. It is unfortunate that the government institution tasked with monitoring and accomplishing the core equality work of the government should have to rely on outside competitive funds.

Despite a slight increase in government funding in the past two years, we remain concerned that the Centre is insufficiently funded to fulfill its fundamental responsibility, i.e. to ensure that all actors, be they public and private, fulfill the Gender Equality Act. The number of staff members has again been cut from 8 to 6, but the duties and responsibilities of the Centre have not been decreased correspondingly.

We are also concerned that the location of the Centre for Gender Equalityhinders its effectiveness in fulfilling its responsibilities. The Centre is located in the municipality of Akureyri, a town in the north of the country, a five hour drive from the capital of Reykjavík. The Centre for Gender Equality plays a vital role in Icelandic society, both as a monitor and as a participant in public discussion about gender equality. By locating this vital institution far from the center of power in the capital, its effectiveness is diminished and its voice muffled.

  • ICEHR and IWRA encourage the Icelandic government to adequately fund the Centre for Gender Equality andincrease accessibility to its services.

Lack of a Government Gender Equality Action Plan

We express our concern that the Icelandic government is in non-compliance with the Gender Equality Act, operating without a legally mandated action plan on gender equality.

According to Article 11 of the Gender Equality Act, the Minister of Social Affairs and Social Security shall, within one year following a general election, present to the Parliament a motion for a parliamentary resolution on a four-year Gender Equality Action Plan. The last general election in Iceland was in April 2013 and an action plan should therefore have been submitted to Parliament by April 2014. An action plan still has not been submitted and the former Gender Equality Action Planexpired in December 2014. Thus, the government has operated for at least one year without a current Gender Equality Action Plan.

  • ICEHR and IWRA urge the Icelandic government to pass a Gender Equality Action Plan.

Gender Equality Representatives and Gender Mainstreaming

According to Article 13 of the Gender Equality Act, each ministry shall have a gender equality representative with expert knowledge of gender equality issues. The gender equality representative shall deal with and monitor gender equality work in the policy areas of the ministry in question and its institutions, especially the work mandated by Article 17 of the Gender Equality Act, the work on gender mainstreaming in the fields administered by the ministry.

Funding was allocated to fulfill the requirements of the Gender Equality Act that the ministries appoint gender equality representatives, but, following the financial collapse of September 2008, this funding was cut and ministries were required to find funding for the position of the gender equality representatives in other areas. This lack of funding has resulted in the fact that only one of the ministries currently has a gender equality representative working full-time. Specialists already working at other ministries have been appointed to a part-time position as gender equality representatives, this duty added to their other responsibilities.

We express our concern that the gender equality representatives of the Icelandic ministries do not work on gender mainstreaming in the fields administered by their respective ministries. This lack of action on gender mainstreaming is a direct result of the lack of funding for hiring full-time gender equality representatives. This lack of funding means that the government has been unable to fulfill Article 17 of the Gender Equality Act, to work on gender mainstreaming in all areas of government.

  • ICEHR and IWRA encourage the Icelandic government to adequately budget for gender equality representatives in government institutions.
  • ICEHR and IWRA encourage the Icelandic government to work on gender mainstreaming in all areas of government.

Gender Responsive Budgeting

ICEHR and IWRA welcome new legislation passed in 2015, mandating that future government budget proposals be gender responsive, written with analysis of its effect on the equal status of women and men.

ICEHR and IWRAare hopeful that this new legislation will strengthen gender equality in Icelandic society in the future.

Article 3 – Guarantee of Basic Human Rights and Fundamental Freedoms

Iceland has signed but not yet ratified Protocol 12 to the European Convention on Human Rights and Fundamental Freedoms, which contains a general prohibition of discrimination.

  • ICEHR and IWRA urge the Icelandic government to ratify the Protocol and incorporate it into national law as a means to strengthen the limited anti-discrimination legislation in force in the country.

There is no national human rights institution in Iceland. In the absence of a national human rights institution, its role has been assumed by ICEHR, an independent non-governmental institution, albeit mostlyfunded by the state.

  • ICEHR and IWRA urge the Icelandic government to establish a national human rights institution, to operate in compliance with the UN Paris Principles.

Article 4 – Special Measures

Gender Quotas in Government Boards

According to Article 15 of the Gender Equality Act, government committees which consist of three or more members, both state and municipal, have a set quota of 40% of either gender.

When the law entered into force in 2008, 43% of government committees were in compliance with this article as opposed to 76% in 2014.We are concerned that 24% of governmental committees remain in non-compliance with the article mandating gender quotas.

We are also concerned that at least one governmental committee feels that it does not need not comply with the Gender Equality Act. In September 2010, a government committee was appointedand tasked with evaluating the qualifications of applicants to the Supreme Court. The members of the committee are appointed by the Supreme Court, the Parliament, the Judicial Council and the Icelandic Bar Association, and all four actors appointed men to the committee. When asked to justify these appointments in 2010, the Supreme Court, Judicial Council and the Icelandic Bar Association claimed that they did not need to follow the Gender Equality Act, that legislation relevant to the court systemsupersededlegislation on gender equality.

ICEHR and IWRAare concerned with the non-compliance of government committees tothe act on gender quotas, and point out that this non-compliance may affect the work of these committees. In 2015, only 1 woman served on the Supreme Court out of 11 justices. We point out that in September 2015, the all-male committee tasked with evaluating the qualifications of Supreme Court justices recommended a man for a new position tothe Supreme Court.

  • ICEHR and IWRA affirm that no actors, whether governmental or private, are exempt from the Gender Equality Act.

Gender Quotasin Boards of Corporations

In 2010, amendments to the Public Limited Companies Act and the Private Limited Companies Act mandated that boards for companies with 50 employees or more have a set quota of 40% of either gender.

We welcome this legislation, but express concern that the gender quota law only applies to companies with 50 employees or more, an especially high number considering the average size of an Icelandic company. In 2014, 296 companies had 50 or more employees, while 26,505 companies had less than 50 employees.

According to article 18 of the Gender Equality Act, companies and institutions with 25 employees or more are required to adopt gender equality plans or mainstream gender equality into their personnel policy.

  • ICEHR and IWRAencourage the Icelandic government to amend the legislationon gender quotas in the boards of corporations, so that it applies to companies with 25 employees or more.

Article 5 – Structural Changes, Sex Role Stereotyping and Prejudice

ICEHR and IWRAwelcome the increased discussion about feminism and the increased awareness of the importance of gender equality in Icelandic society.

In the past decade, there has been a great increase in the number of NGOs which focus on gender equality, especially NGOs which deal with the intersectionality of gender discrimination. Women of Multicultural Ethnicity Network– W.O.M.E.N. in Icelandwas founded in 2003,Trans Iceland in 2007, the first slutwalktook place in Reykjavík in 2011,Rótin – Association of Women with Addictions was founded in 2013, Intersex Iceland in 2014, and Tabú – Network for Women with Disabilities in 2014. This past decade has also seen an explosion of the formation of traditional feminist groups. The Feminist Association of Iceland was founded in 2003, the Feminist Association of the University of Iceland in 2007, the Feminist Association of the Vestfjords in 2013, and the Feminist Association of the University of Reykjavík in 2015.